Will Book 2, Frederick Co. , Va., Will of Thomas Ashby dated 2 April 1752 , proved 4 Aug. 1752.
" In the name of God Amen - I , Thomas Ashby of Frederick County being very sick.....
Item I give unto my son Thomas Ashby one shilling sterling - to have no other part of my estate whatsoever.
Secondly I give and bequeath unto my son Benjamin Ashby all the land or parcell of land at Goose Creek whereon Enoch Berry now lives , to him my said son and his heirs forever.
Thirdly I give and bequeath unto my son Henry Ashby all that land or part of land whereon he now lives, which now laid opposit a part of James Guin dec'd from my other land unto my said son and his heirs forever. But if the said Henry should die without issue thee said land to fall to my son Stephen and his heirs forever.
Fourthly I give and bequeath unto my son Stephen Ashby after his mother's death all this tract or part of land whereon I now live and which was also laid off and divided by the said Guin as afore - to my said son and his heirs forever , but if my said son Stephen should die without issue that then the said lott or tract of land is to fall to my son Henry Ashby and his heirs forever.
Fifthly I give unto my daughter Elizabeth Hardin one shilling sterling , and that she have no other part of my estate.
Sixthly I give unto my daughter Sarah Ashby one shilling sterling.
Seventhly I give unto my daughter Rose Ashby one shilling sterling.
Eighthly I give unto my daughter Ann Ashby one shilling sterling.
Ninthly I give and bequeath unto my cousin Reuben Berry one cow and calf to be delivered to him at the age of 21.
Tenthly I give unto my cousin Ann Berry one cow and calf to be delivered to her at the age of 18 or on the day of her marriage.
Eleventh It is my desire that if the land whereon John Harden now lives and on which I now mortgage , if there should be forfeited that one of my executors , namely my son Robert Ashby, shall see the same and pay unto my daughters Sarah and Rose five pounds to each of them and the remainder to be equally divided between my loving wife Rose Ashby, my son Stephen and my daughter Ann and in case the money be paid according to the terms thereof that then my son Robert shall divide and pay the same as that I gave in case of the land now sold.
Twelfth I give and bequeath to my loving wife Rose Ashby my house I bought of John Ashby also two mares and colts to be at her disposal and as for the rest of my moveable estate to have the same during her widowhood but if she should marry that then she is to have no more than a third part of such moveable estate and then the remainder to be equally divided by my executors between my son Stephen and my daughter Ann Ashby.
Lastly I nominate and appoint my dutiful loving sons Robert , John and Henry executors of this my last Will and testament and in testimony that this is my last Will and testament I have here unto set my hand and seal this second day of April one thousand seven hundred and fifty two.
Thomas Ashby(his seal)
Signed, sealed, and acknowledged
before and in the presence of us:
James Catlett, Francis Howell,
Peter Wolf
At a court held for Frederick County on Thursday August 4th 1752 the last Will and testament of Thomas Ashby dec'd was presented into court by Robert Ashby and Henry Ashby the executors and being proven by the oaths of James Catlett and Peter Wolf, etc... granted them for obtaining probate in due time.
Teste T. Wood C of C
Know all men by these presents that we , Robert Ashby, John Ashby, and Henry Ashby, Samuel Earle, Johnn Hasey are held and personally bound unto Geo. Wm. Fairfax the first Justice in the commissionn of the Peace of Frederick County for and in behalf and to the sole use and behoof of the Justices of the said county and their successors(?) in the union of five hundred pounds to be paid to the said Geo. Wm. Fairfax his executors adms.